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Oklahoma Collections Questions & Answers
2 Answers | Asked in Collections, Civil Litigation and Consumer Law for Oklahoma on
Q: Why is my paycheck being garnished for a repossessed truck after 7 years?

In 2018, I co-signed for a truck, which was repossessed later that year or early 2019. I was unaware of the repossession, having lost contact with the primary borrower. Seven years later, my paycheck started getting garnished without any prior notice. My credit report shows the account twice: once... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2025

Don't rely on your credit report, but apparently your lender either obtained a judgment against you and then sold the account to Consumer Portfolio; or sold the account to Consumer and it obtained a judgment; but either way it appears Consumer has sold it to Jefferson Capital.

I...
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1 Answer | Asked in Collections and Civil Litigation for Oklahoma on
Q: How to handle legal notices delivered when out of town?

I am an over-the-road truck driver, and while I've been out of town, a process server has made five attempts at my door to deliver legal papers. I have not received any previous notices or paperwork related to this issue. I suspect this might be related to a debt. How can I find out what the... View More

James L. Arrasmith
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answered on Nov 6, 2025

Because you’re out on the road, repeated attempts without contact make alternative service likely, which can lead to a default you won’t see coming. Call the process server or the law firm shown on the door tag and ask for the case number and court; then confirm directly with the county court... View More

1 Answer | Asked in Collections and Employment Law for Oklahoma on
Q: How can we recover my son's wrongly garnished wages in OK?

My son and I work at the same company in Oklahoma. I was unaware that a credit company had sued me, resulting in a judgment and subsequent wage garnishment. However, my employer mistakenly garnished wages from my son instead of me for seven months. We only discovered this mistake after changes were... View More

James L. Arrasmith
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answered on Oct 24, 2025

That situation is deeply frustrating, and your son should not be responsible for a debt or garnishment that was legally issued in your name. In Oklahoma, employers are required to carefully match garnishment orders with the correct employee based on identifying information like Social Security... View More

1 Answer | Asked in Energy, Oil and Gas, Collections and Real Estate Law for Oklahoma on
Q: What to do about liens on underproductive wells with JIB charges in Oklahoma?

I have a small working interest in oil and gas wells in Oklahoma that have remained underproductive or unproductive, yet have continued to accumulate Joint Interest Billing (JIB) charges. I stopped making payments approximately five or six years ago. Recently, I've received a letter stating... View More

James L. Arrasmith
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answered on Oct 22, 2025

You should care because Oklahoma law lets operators and service providers file an oil‑and‑gas well lien that attaches to your working interest and even to production proceeds for unpaid joint‑account costs. Most Joint Operating Agreements also grant the operator a contractual “operator’s... View More

1 Answer | Asked in Criminal Law, Car Accidents, Collections and Personal Injury for Oklahoma on
Q: My financed car was declared a total loss after a hit-and-run, but it’s still drive able.

I would like help in this case so I won’t be some any more at fault with my credit .

James L. Arrasmith
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answered on Sep 1, 2025

When your car is declared a total loss, it means the insurance company has determined that the cost of repairs is higher than the car’s market value, even if the vehicle is still driveable. Since the car is financed, the insurance payout is usually sent directly to the lender to cover the loan... View More

1 Answer | Asked in Animal / Dog Law, Collections and Traffic Tickets for Oklahoma on
Q: Can a warrant for unpaid dog citation revoke my driver's license?

I'm concerned that failing to appear for a warrant issued due to nonpayment on a citation for a dog at large might affect my driver's license. I set up a payment plan for the fine, but it was not paid, and the fee was sent to collections, leaving the warrant still active. This was my... View More

James L. Arrasmith
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answered on Jul 5, 2025

You will not lose your driver’s license simply for owning a dog, but an active warrant for failure to appear or pay a municipal citation can trigger a suspension in many jurisdictions when the court reports you to the DMV.

You must clear the warrant by appearing before the issuing court...
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1 Answer | Asked in Bankruptcy, Collections and Civil Litigation for Oklahoma on
Q: Is it appropriate to include proposed statements in my response to AMEX summons for $40,000 debt given my bankruptcy proceeding?

I have received a summons from American Express for a credit card debt of $40,000. I have been unemployed since August 2023 and unable to pay, and I'm in the process of filing for Chapter 7 bankruptcy. Is it appropriate to include the following statements verbatim in my response to their... View More

James L. Arrasmith
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answered on Jun 29, 2025

You may include each of those numbered assertions because Oklahoma’s pleading rules permit denials based on lack of information and demands for strict proof. By doing so, you preserve every factual and legal defense while compelling American Express to produce admissible evidence for its claim.... View More

1 Answer | Asked in Employment Law and Collections for Oklahoma on
Q: Can 100% of commission-based wages be garnished in Oklahoma?

I work in a commission-only sales role and am classified as a W2 employee in Oklahoma. I was recently informed that my wages are being garnished by Discover for $9,451. Our company's accountant was informed by the law office handling the garnishment that, since my earnings are... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Oklahoma, even if your wages are based entirely on commission, you are still protected by federal and state garnishment limits. The law does not allow creditors to take 100% of your wages, regardless of whether they are salary, hourly, or commission-based, as long as you are classified as a W2... View More

1 Answer | Asked in Collections, Civil Litigation and Gov & Administrative Law for Oklahoma on
Q: Wages were garnished without receiving court orders; documents sent to wrong address.

My wages were garnished the same day I received a letter from my employer. The creditor refused to send me my account number via email and insisted on discussing it over the phone. I knew about the amount owed but was unaware I was being sued or that court proceedings were taking place. Court... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have every right to feel frustrated and blindsided—being garnished without any warning is deeply unsettling. If court documents were sent to an address you never lived at, that could mean you were never properly served, which is a serious issue. For a garnishment to be legal, you must be... View More

1 Answer | Asked in Collections and Employment Law for Oklahoma on
Q: Can wages be garnished without prior notice after moving?

I received a letter from my company the day my wages got garnished, but I hadn't received any prior communication or summons regarding this garnishment, possibly due to moving recently. Can my wages be garnished without prior notice?

James L. Arrasmith
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answered on Jun 12, 2025

It’s incredibly stressful to find out your wages are being garnished without warning, and you're right to question whether that’s legal. In most cases, a creditor must first sue you in court and win a judgment before they can garnish your wages. You should have been served with notice of... View More

1 Answer | Asked in Small Claims and Collections for Oklahoma on
Q: Need guidance on enforcing a small claims judgment against an LLC in Oklahoma.

I was recently awarded a judgment in the amount of $2,408 plus fees and interest against an LLC in small claims court. The LLC did not show up to the initial hearing or the asset hearing. The judge did not know what to do and mentioned he needed to do research, advising me to know what to do as... View More

James L. Arrasmith
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answered on Jun 11, 2025

You can start by requesting an abstract of judgment from the court and recording it with the county clerk where the LLC holds any real estate to create a lien. That lien will attach to property in that county and give you priority if the LLC ever sells or refinances.

Next, ask the court for...
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Q: My sister forged my identity for a HUD lease; how do I resolve this?

In 2020, my sister used my name and social security number to lease an apartment through HUD at the complex she managed, without my knowledge. She signed both my name and her name on the paperwork as the manager. This lasted for two years, from 2020 to 2022. In 2023, Hunter Warfield contacted me,... View More

James L. Arrasmith
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answered on May 14, 2025

I’m really sorry you’re going through this—having a family member misuse your identity is painful, and the stress is even greater with government programs involved. Since your sister used your name and Social Security number without your consent, you are the victim of identity theft, even... View More

2 Answers | Asked in Car Accidents, Civil Rights and Collections for Oklahoma on
Q: I was in a wreck when I was 16 and when I turned 18 I was supposed to receive a settlement in the amount of $220,000

My attorney that was working my case stole my money. He was caught by the district attorney convicted and ordered to pay restitution payments of 100 a month. However he has not paid since 2022. What are my options to get my money?

Joel Gary Selik
Joel Gary Selik
answered on Sep 17, 2024

Discuss the case with a legal malpractice attorney in your state. The attorney can get determine whether or not is past the time limit to sue. Even if it is not past the time limit to sue, there may be issues of recovery, if the attorney had no insurance and has no assets.

You can also...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Oklahoma on
Q: A loan company is threatening legal pursuit even though I pay before I'm 30 days late. Is that possible?

They said they will be looking into legal action if I continue to be late even though I always pay before I'm due again.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2023

Yes it's possible. Your contract requires you to pay on time. Quit playing around and pay on time.

1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

2 Answers | Asked in Consumer Law and Collections for Oklahoma on
Q: Which date determines the end of a statute of limitations? The date filed, or the date defendant was served?

Last activity on account was 6/23/18. Petition filed 5/12/23 but not served until 8/7/23

Charles Watts
Charles Watts
answered on Aug 23, 2023

The date filed typically, however, if it is proven the person actively avoided being served that could potentially extend the time.

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1 Answer | Asked in Collections for Oklahoma on
Q: If a summons states, Defendant, et al, can another representative attend court besides the defendant name?
Joel Gary Selik
Joel Gary Selik
answered on Jun 28, 2023

No, except for an attorney.

Et al, simply references that there may be additional defendants.

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th

Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2023

Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,...
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1 Answer | Asked in Collections for Oklahoma on
Q: How to respond Admit that Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of New Jersey
Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2023

Assuming this is in litigation, a set of Requests for Admissions, if it is true, Admit, if not true, Deny, if you do not know the response may be “Responding Party has insufficient information and can, therefore, neither admit or deny.”

Note, there can be penalties for not admitting...
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1 Answer | Asked in Collections for Oklahoma on
Q: Are general objections in a personal injury case the same as debt collection case for response to request for admissions
Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2023

While each state may have its own rules, Requests for Admissions are the same in any type of case and the requirement for how they are answered are the same. General objections are not usually allowed unless there is something wrong with the request itself.

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